Cannabis and cannabinoids in Spain

Spain: A cannabis club in Dos Hermanas, in southern Spain, has been closed down after police discovered a cannabis production and distribution point on its premises, press reports. Cannabis clubs remain in a grey area in Spanish law, as group consumption of cannabis is decriminalised but not regulated. The legality of cannabis clubs is usually considered by courts on a case-by-case basis, but sales to third parties or non-members remain prohibited.

Spain: A surprising result in Sunday’s general election, defying the prediction by most polls of a right-wing victory, means the present government could stay in power for the next four years, raising hopes for the long-awaited legalisation of medical cannabis. Both the Socialist Party and its potential coalition parter, the left-wing Sumar, included the regulation of medical cannabis in their election manifestoes. However, there is likely to be a fresh election in December, as the leftists may not gather enough support from other parties to form a government.

Spain: The incumbent Socialist Party (PSOE) has included medical cannabis in its manifesto for the 23rd July general election, saying it plans to develop a scheme that allows patients access to regulated cannabis. The left-wing party Sumar, a potential coalition partner of the PSOE, has also said it aims to regulate cannabis, both medical and recreational, legalising consumption and non-profit self-production.  Other parties expected to gain a significant number of seats in the election, including the  right-wing People’s Party (PP) and VOX, make no mention of cannabis in their own programmes.

Spain: Health minister José Miñones has said the government is still interested in regulating medical cannabis but that it will not be possible before the July elections, press reports. He said the government had received the regulatory report from the Spanish Agency for Medicines and Health Products (AEMPS) that was meant to be published by January 2023. He promised he would keep on working after the elections for the regulations to be introduced.

Spain: Newly appointed health minister Jose María Miñones has told the Chamber of Deputies there was not enough evidence on medical cannabis and that further research must be conducted before it is regulated in Spain, press reports. When asked about the bill on medical cannabis that the government was supposed to introduce following recommendations made by the Subcommittee on Medical Cannabis, he said: “The information is insufficient and we cannot recommend its use.” This contradicts previous statements by the government and its promise to introduce a bill based on the evidence found by the subcommittee.

Spain: The Chamber of Deputies Agriculture Committee has voted in favour of a proposal to regulate hemp, introduced by the left-wing Podemos, the Catalan ERC and the basque Bildu party, and supported by the ruling Socialists, press reports. The non-law proposal is a request to the government to introduce a bill to provide legal clarity over the production, marketing and consumption of products derived from industrial hemp with less than 1% THC. It is unknown whether the government will act to address the present lack of specific regulation in Spain on CBD and hemp-derived products.

Spain: A proposal for hemp regulation put forward by the left-wing Podemos party, along with the Catalan ERC and the Basque party Bildu, will be discussed tomorrow by the Chamber of Deputies Agriculture Committee, press reports. It aims to give legal clarity on the production, marketing and consumption of products derived from industrial hemp containing less than 1% THC. The proposal is not a bill but a request to the government to take action and introduce a bill on the subject. There is currently no specific regulation in Spain on hemp-derived or CBD products – indeed, the official interpretation is that CBD products cannot generally be sold. The parties behind the hemp proposal have also asked the Spanish Agency of Medicines and Medical Products (AEMPS) to change this interpretation in line with the Court of Justice of the EU’s ruling in the Kanavape case.